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AnotherMcIntosh

(11,064 posts)
47. Either (1) the Court did not accept a petition to be heard (#4) or (2) the Court rejected an appeal.
Mon Nov 26, 2012, 08:27 PM
Nov 2012

As explained in Wikipedia,

"In the United States, certiorari is most often seen as the writ that the Supreme Court of the United States issues to a lower court to review the lower court's judgment for legal error (reversible error) and review where no appeal is available as a matter of right. Before the Evarts Act, the cases that could reach the Supreme Court were heard as a matter of right, meaning that the Court was required to issue a decision in each of those cases. That is, the Court had to review all properly presented appeals on the merits, hear oral argument, and issue decisions. As the United States expanded in the nineteenth century, the federal judicial system became increasingly strained, with the Supreme Court having a backlog several years long. The Act solved these problems by transferring most of the court's direct appeals to the newly created Circuit Courts of Appeals, whose decisions in those cases would normally be final. The Supreme Court did not completely give up its judiciary authority, however, because it gained the ability to review the decisions of the courts of appeals at its discretion through writ of certiorari.

Since the Judiciary Act of 1925 and the Supreme Court Case Selections Act of 1988, most cases cannot be appealed to the U.S. Supreme Court as a matter of right. A party who wants the Supreme Court to review a decision of a federal or state court files a "petition for writ of certiorari" in the Supreme Court. A "petition" is printed in booklet format and 40 copies are filed with the Court. If the Court grants the petition, the case is scheduled for the filing of briefs and for oral argument.

A minimum of four of the nine Justices are required to grant a writ of certiorari, referred to as the "rule of four". The court denies the vast majority of petitions and thus leaves the decision of the lower court to stand without review; it takes roughly 80 to 150 cases each term. ...

http://en.wikipedia.org/wiki/Certiorari


The Clerk of the Supreme Court seems to think Anita Alvarez filed a Petition for a Writ of Certiorari (#12-318) and did not file an appeal. The Clerk of the Supreme Court also seems to think that the Supreme Court denied a Petition for Cert, and he reported such denial ( http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12-318.htm )

Was the Clerk wrong?

Instead of filing a Petition for a Writ of Certiorari, did the State's Attorney in Chicago do "just the opposite" and file an appeal with the result that "the court rejected an appeal"?
Even this court is capable of intermittent bouts of sanity. marmar Nov 2012 #1
So the Godfather can't reign with impunity? What's Chicago coming to if you aren't 24601 Nov 2012 #46
One small step for manking. nt kelliekat44 Dec 2012 #49
Yes...! Was this unanimous? hlthe2b Nov 2012 #2
All the Court did was not accept a petition to be heard. AnotherMcIntosh Nov 2012 #4
Just the opposite. Sekhmets Daughter Nov 2012 #44
And it was a good rejection glacierbay Nov 2012 #45
Either (1) the Court did not accept a petition to be heard (#4) or (2) the Court rejected an appeal. AnotherMcIntosh Nov 2012 #47
Good news! Hassin Bin Sober Nov 2012 #3
Yea, well, the Chicago police can still illegally taze people and otherwise deliver unnecessary AnotherMcIntosh Nov 2012 #5
So can every other police department in the nation as the cops have 100% control and are more graham4anything Nov 2012 #7
Elect better, wiser, gentler people to your city council. JDPriestly Nov 2012 #11
That is an excellent point. All Americans really need to do more digging into the RKP5637 Nov 2012 #27
I hope more of us record law enforcement when we can duhneece Nov 2012 #6
EVERYONE loses their expectation of privacy once they leave their homes rocktivity Nov 2012 #8
anita alverez is a deep disappointment mopinko Nov 2012 #9
I was shocked to learn her stance on this issue. ChairmanAgnostic Nov 2012 #15
She needs to be ass wiped reminded or sent to the woodshed. LiberalFighter Nov 2012 #19
As jerseyjack points out below, she was required to defend the law. randome Nov 2012 #25
she has done other things that piss us off. mopinko Nov 2012 #41
that's good news to start my day! yurbud Nov 2012 #10
Well, have the kings of the United States made a good decision by random chance? fasttense Nov 2012 #12
Thank God Almighty libodem Nov 2012 #13
Does this constitute a precident? nm rhett o rick Nov 2012 #14
No. AnotherMcIntosh Nov 2012 #16
The Seventh Circuit Court of Appeals has jurisdiction in 3 states: Lasher Nov 2012 #20
Yes, but the Chicago Tribune is a Republican newspaper with reporters who write misleading stories. AnotherMcIntosh Nov 2012 #39
Good news!! freshwest Nov 2012 #17
Let's just forget about the total trampling of the constitution that was this law Downtown Hound Nov 2012 #18
Excellent news!!! Iggo Nov 2012 #21
They'll probably appeal malthaussen Nov 2012 #22
The article doesn't explain the rationale for making taping illegal in the first place. randome Nov 2012 #23
No "basis" is required. Legislators are free to write any law they want. Laelth Nov 2012 #28
Sure. I'm just wondering what they might have argued before the court. randome Nov 2012 #30
Well, the offical reason, if I recall correctly Downtown Hound Nov 2012 #33
That's it? 'Privacy' concerns? randome Nov 2012 #35
Yep, it was actually written as some kind of anti-eavesdropping law. n/t Downtown Hound Nov 2012 #37
Alverez was required to defend the law even if she disagreed with it. jerseyjack Nov 2012 #24
I am not sure about that. Laelth Nov 2012 #29
Bullshit. She's not required to do anything she isn't morally supportive of. PavePusher Nov 2012 #32
She was not required to file an appeal Downtown Hound Nov 2012 #34
Bullshit. The Civil War ended slavery in all States when the 13th Amendment was adopted. AnotherMcIntosh Nov 2012 #38
An early Christmas present to the people of Illinois. damnedifIknow Nov 2012 #26
This is a big deal grahamhgreen Nov 2012 #31
K&R nt ProudProgressiveNow Nov 2012 #36
I've been a cop for nigh onto 30 years glacierbay Nov 2012 #40
The best police officers set good examples for others to follow, and none should object to having AnotherMcIntosh Nov 2012 #42
I fully agree glacierbay Nov 2012 #43
Wow, thanks for this. I admit I am not a fan of the police. Too many abuses with no punishment..... Logical Dec 2012 #48
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